09/23/2003 Ordinances 8856
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ORDINANCE NO. 8856
An ordinance to amend Chapter 17 of the Grand Island City Code; to amend
Section 17-1 to add a definition for junk; to amend Section 17-4 pertaining to litter and offensive
substances; to amend Section 17-4.2 pertaining to noncompliance; to add Section 17-4.3
outlining the procedure for the removal of a nuisance; to repeal Section 17-1, 17-4, and 17-4.2 as
now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for
publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 17-1 of the Grand Island City Code is hereby amended to
read as follows:
~17-1. Definitions
For the purposes of this chapter, the following words and phrases shall have the following meanings:
City Solid Waste DislJOsal Svstem. The City solid waste disposal system shall mean and include the City-
operated sanitary landfill, the City-operated transfer station, and the City-operated compost site.
Comvost. Compost shall mean the end product of an aerobic degradation process of yard and garden waste.
Approved backyard composting site shall mean one which uses only composting materials as defined herein.
Construction and demolition waste. This shall mean waste which results from land clearing, the demolition
of buildings, roads or other structures, including but not limited to, beneficial fill materials, wood (including painted
and treated wood), land clearing debris other than yard waste, wall coverings (including wall paper, paneling and
tile), drywall, plaster, non-asbestos insulation, roofing shingles and other roof coverings, plumbing fixtures, glass,
plastic, carpeting, electrical wiring, pipe and metals. Such waste shall also include the above listed types of waste
that result from construction projects. Construction and demolition waste shall not include friable asbestos waste,
special waste, liquid waste, hazardous waste and waste that contains polychlorinated biphenyl (PCB), putrescible
waste, household waste, industrial solid waste, corrugated cardboard, appliances, tires, drums and fuel tanks.
Dead Animals. These words shall mean all small animals such as cats, dogs, and rabbits, which die from
any cause. They shall in no way mean large animals such as goats, horses, mules and cows which shall die from any
cause.
Detachable container. A detachable container is a container of the size approved by the Department of
Health that can be lifted and dumped by a collection truck mechanism.
Garbage. This word shall be held to include every accumulation of animal, fruit or vegetable food waste
generated by or resulting from the decay, deterioration, storage, preparation or handling of any animal and vegetable
matter in any place or at any point where food is prepared for human consumption, including all kitchen and dining
room refuse produced by households, hotels, restaurants, lunch rooms, clubs, hospitals, schools, stores, warehouses,
cold storage plants, creameries, bakeries, or any other source whatsoever existing in the City.
Junk. Junk shall mean old or scrap copper, brass, rope, batteries, rubber, dismantled or wrecked
automobiles, trucks, tractors, and farm machinery or parts thereof, iron, steel, and other old or scrap ferrous or non-
ferrous material, which are not held for remelting purposes by an establishment having facilities for remelting
material.
Approved as to Form IX Q J? 1/(/
September 24, 2003 IX Ci y Attorney
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ORDINANCE NO. 8856 (Cont.)
Litter. Litter shall include, but not be limited to: (i) Trash, rubbish, refuse, garbage, paper, rags, and ashes;
(ii) wood, plaster, cement, brick, or stone building rubble; (iii) grass, leaves, and worthless vegetation; (iv) offal and
dead animals; and (v) any machine or machines, vehicle or vehicles, or parts of a machine or vehicle which have lost
their identity, character, utility, or serviceability as such through deterioration, dismantling, or the ravages of time,
are inoperative or unable to perform their intended functions, or are cast off, discarded, or thrown away or left as
waste, wreckage, or junk.
Minimum Service Collection. A minimum service collection in a residential district shall mean not more
than one full 32 gallon garbage can or any number of full baskets, boxes, sacks, or bundles equal in volume to but
not exceeding one 32-gallon garbage can. The weight of such collection shall not exceed 50 pounds. Such minimum
service collection shall be on a once-a-week basis.
Refilse. This word shall be held to include the waste material from normal households or living conditions
and business operations other than garbage, but the term shall not include waste materials from building construction
or repair, factory wastes, or refuse from industrial plants of any character. In general, the kinds of materials
classified as refuse are paper, rags, bottles, tin cans, bottle caps, cardboard, womout clothing or furniture, household
appliances, excelsior, garden or tree trimmings, and similar materials.
Ref!Ular Collection. A collection in a residential district shall mean not more than three full thirty-two
gallon garbage cans, or two full thirty-two gallon cans and any number of full baskets, boxes, sacks, or bundles
equal in volume to not exceeding one thirty-two gallon garbage can. A regular collection shall be on a twice-a-week
basis.
Salvage Yard. Any building, lot, yard or premise used for the collection, processing, salvage, storage,
bailing, or shipping of junked vehicles, vehicle parts, paper, cardboard, glass, plastic, metals, rags, scrap materials,
junk, or any material similar to those listed herein.
Svecial Waste. A solid waste, except waste which is regulated as a hazardous waste, which possesses
physical, chemical, or biological characteristics that make it different from general household, or construction and
demolition waste, and which requires special handling, treatment, or disposal methodologies in order to protect
public health, safety, and the environment.
Waste material. This word shall be held to include all items, objects, or material not included within the
definition of garbage, litter, dead animals, yard waste, or refuse as well as petroleum oils, greases, solvents, and
fuels, insecticides, herbicides, chemical waste, hazardous materials, or any materials similar to those listed herein.
Yard Waste. Yard waste shall mean grass and leaves and shall not include other yard debris such as tree
limbs and brush.
SECTION 1. Section 17-4 of the Grand Island City Code is hereby amended to
read as follows:
~17-4. Litter and Offensive Substances Prohibited; Removal
It shall be the duty of every owner, lessee, tenant, or occupant of any lot or parcel of ground within the city
or within two (2) miles of the corporate limits thereof to keep said premises owned, leased, or occupied by such
person free from garbage, litter, refuse, rubbish, brush, trash, junk, old building material, offal, manure, and any
other offensive or unwholesome matter, and it shall be unlawful for such owner, lessee, tenant, or occupant of such
lot or parcel of ground to permit, keep, or maintain thereon any such condition liable to become putrid or injurious
to the public health, or any such condition liable to produce disease, or which is conducive to the breeding and
existence of rats, mice, flies, mosquitoes, bacteria, or any other rodent or insects. The maintenance or permitting of
any of the foregoing conditions on any such lot or parcel of ground is hereby declared to be a public nuisance and
shall constitute a misdemeanor punishable as hereinafter provided in this code.
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ORDINANCE NO. 8856 (Cont.)
SECTION 1. Section 17-4.2 ofthe Grand Island City Code is hereby amended to
read as follows:
~17-4.2. Notice to Remove; Noncompliance with Notice
Whenever it shall come to the knowledge of the Health Director or his/her designee, that there exists upon
such lot or parcel of ground such nuisance, the Health Director or his/her designee shall cause a notice to abate and
remove said nuisance within five (5) days to be served upon the owner or the owner's authorized agent, and upon the
tenant or occupant of said premises. Said notice shall be served either in person or by mailing such notice by
certified or registered mail. If such owner, lessee, tenant, or occupant shall have failed or refused to abate and
remove such nuisance at the expiration of the date fixed in such notice, the Director of Health or his/her designee
may cause such nuisance to be removed from such parcel or lot, and from any roads, streets, or alleys abutting
thereon as set forth in Section 17-4.3 of this Chapter.
SECTION 1. Section 17-4.3 of the Grand Island City Code is hereby added to
read as follows:
~17-4.3. Procedure for Removal for Noncompliance
If the Health Director determines that there exists upon any lot or parcel of ground the conditions described
above in such a manner as to constitute an immediate nuisance and hazard to the public health and safety, the
director shall request the Mayor to declare that such an immediate public nuisance exists, and after any such
declaration, the Health Director shall cause to be issued a written notice to abate and remove such public nuisance
from such lot or parcel of land within twenty-four (24) hours. Said notice shall be served by personal service upon
the owner or the owner's authorized agent, and to any tenant, lessee, or occupant of the premises. If such owner,
tenant, lessee, or occupant shall have failed or refused to abate and remove such nuisance at the expiration of
twenty-four (24) hours from deliver of the notice, the Health Director shall cause such nuisance to be removed from
such parcel or lot and from any roads, streets, or alleys abutting thereon.
SECTION 2. Section 17-1, 17-4, and 17-4.2 as now existing, and any ordinances
or parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: September 23, 2003.
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ORDINANCE NO. 8856 (Cont.)
Attest:
QJ\o.L~
RaNae Edwards, City Clerk
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